Terms and Conditions of Nishimiya



APPLICATION OF TERMS 

These Terms apply to your use of the Service (as that term is defined below). By accessing and using the Service:   

you agree to these Terms; and where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms. 

If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so. 

CHANGES

We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms. 

INTERPRETATION

In these Terms:

Nishimiya means the software owned by us (and our licensors) that is used to provide the Service.

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or ourlicensors), including the Tatsu Software. Your Confidential Information includes the Data.

Discord API means the API Discord provides you that enables your account on the Discord App to connect and use the Nishimiya Bot. 

Discord App means the voice, video, and text messaging service provided by Discord. 

Discord End User Data means all data associated with the content within the functionality of the Tatsu Bot in conjunction with the Discord App, including but not limited to message context, message metadata, voice data and voice metadata.

End Users means your end users that you allow to interact with the Nishimiya Bot on the Discord App. 

THE SERVICE 

You must use your Discord App account to create an account for the Configuration Platform. The Configuration Platform will enable you to configure the Nishimiya Bot and enable the connection to the Discord App through the Discord API.

To avoid doubt, your access and use of the Nishimiya Bot is also governed by Discord’s developer terms available at https://discord.com/developers/docs/legal, as amended from time to time by Discord (Discord Developer Terms). You must comply with the Discord Developer Terms at all times. 

Our sole responsibility to you in relation to the Discord API is to allow the Service connection to the Discord App. To avoid doubt, you are responsible for ensuring your use of Discord’s API complies with the Discord Developer Terms. 

You represent and warrant that your End Users have each expressly agreed to:

Discord’s terms of service available at https://discordapp.com/terms, as amended from time to time by Discord (Discord TOS); and the collection, use and disclosure of all information made available by the End User in accordance with the Discord Developer Terms, Discord TOS and Discord’s privacy policy available at https://discordapp.com/privacy (Discord Privacy Policy). 

If your Discord App account is suspended, deleted or terminated, you will not be able to access and use the Service. 

YOUR OBLIGATIONS 

You and your personnel must use the Service in accordance with these Terms solely for lawful purposes and not resell or make available the Service to any third party, or otherwise commercially exploit the Service. 

DATA

You acknowledge that:

we may require access to the Data to exercise our rights and perform our obligations under these Terms and to the extent that this is necessary but subject to clause 10, we may authorise a member or members of our personnel to access the Data for this purpose.



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